The Gazette 1955-58

(iii) The practice of centralising court messengers who usually reside near the County Registrar has made the collection of small debts almost impossible in some cases owing to the distance to be travelled for the purpose of executing decrees. The former practice of having a number of court messengers at different points in the county should be restored. (iv) There should be a strict observance of the requirement thit the Under-Sheriff or County Registrar should make a return within a reasonable time. (v) The position with regard to mileage when the court messenger mikes one journey for the purpose of executing a number of decrees should be clarified. (vi) In some cases the new Sheriff's Fees Order has not yet been printed on the bicks of the decree forms and it was stated thit for this reason decrees have not been executed. DISCIPLINARY JURISDICTION Decision of the Supreme Court THE decision of the Supreme Court i.i the appeal taken by two solicitors against the orders of the Disciplinary Committee is probably the most far- reaching decision on the interpretation of the Con stitution since the foundation of Saorstat Eireann in 1922. It appears to affect not only the jurisdiction of the Disciplinary Committee but by necessary implication a number of professional bodies and government institutions exercising quasi-judicial powers. Applications under the Solicitors Act 1954 had been made to the Disciplinary Committee against both appellants and after an inquiry under section 16 of the Act the Committee made orders directing that their names should be struck off the roll of solicitors. The solicitors appealed against these orders on the ground amongst others that the sections of the Statute under which the Committee purported to Act are repugnant to the Constitution in so far as they purport to authorise the Disciplinary Committee, which consists of persons who are not judges under the Constitution, to exercise judicial power. Article 34. i. of the Constitution is as follows : " Justice shall be administered in Courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public." Article 37 is as follows: " Nothing in this Constitution shall operate to invalidate trie exercise of limited functions and powers of a judicial nature, 103

Formation of limited companies by Chartered Accountants THE Committee of the Council reported that a case has been sent to Senior Council for advice on the question whether the preparation of the memoran dum and articles of an association is contrary to the provisions of the Solicitors Act 1954. Enforcement of Court Orders THE Council considered and approved a report from a Committee dealing with the effect of the Sheriff's Fees Order 1958. The effect of the order as stated in the explanatory note, printed at the foot thereof, is to provide for firstly, an increase in the mileage fee chargeable by Sheriffs and County Registrars in the execution of court orders. The increase is from 6d. to is. 6d. per mile one way and the application of this fee is being extended to cover ejectment and recovery of specific property in cases where no mileage has hitherto been charged. Secondly the fee for a letter or notice required by law to be issued by a Sheriff or County Registrar before executing an execution order is being in creased from is. to 43. Finally, the law in relation to a Sheriff's or County Registrar's right to poundage is, for the purpose of clarification, set out in pro visions which are merely declaratory of the existing law. Members of the Committee stated that the mileage fee is now apparently payable in advance by the solicitor for the plaintiff. In some districts in the past the fee has not been payable in advance and apparently was not charged if a return of nulla bona was made. The Committee recommended that the Society should take advantage of the occasion of the making of this order to raise the following points with the Department of Justice :— (i) A large number of executions levied through out the country result in a return of nulla bona. In the majority of cases execution is levied only for the purpose of proceedings under the Enforcement of Court Orders Acts. The law should be amended to provide that an application for an examination order may be made, and the order obtained, without the prior execution of the decree on an affidavit by the execution creditor or his solicitor or other satisfactory evidence thaf execution is likely to result in a return ot nulla bona. Having regard to the heavy expenses now attendant on levying execution the present procedure is wasteful. (ii) In a number of counties the local authorities have not provided pounds and the execution of decrees have become impossible for this reason.